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(b) Upon receipt of a complaint concerning a violation of a licensed company's
12policy under sub. (1), the licensed company shall immediately suspend the driver and
13investigate the complaint. The suspension shall continue until the complaint is
14resolved.
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(c) Each licensed company shall maintain all records of each investigation
16under par. (b), including the results of that investigation and any action taken based
17on that investigation, for at least 2 years after the date the complaint was received
18by the licensed company.
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19474.145 Certain requirements for drivers and their vehicles. (1) 20Application. Before a licensed company allows an individual to be a driver for the
21licensed company, the licensed company shall do all of the following:
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(a) Require the individual to submit an application to the licensed company
23that includes at least all of the following:
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1. The individual's name, address, and age.
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2. A copy of the individual's driver's license.
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13. The individual's driving history.
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4. Proof of motor vehicle registration for each vehicle owned by the individual
3that the individual will use as a taxicab as a driver for the licensed company.
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5. A copy of the individual's automobile liability insurance policy for each
5vehicle owned by the individual that the individual will use as a taxicab as a driver
6for the licensed company.
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(b) Conduct, or have a 3rd party conduct, a local and national criminal
8background check for the individual that includes all of the following:
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1. A multistate and multijurisdictional criminal records locator or other similar
10commercial nationwide database with validation.
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2. A national sex offender registry database.
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(c) Obtain and review a driving history research report for the individual.
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13(2) Who may not be a driver. (a) A licensed company may not allow any of the
14following individuals to be a driver of a taxicab for the licensed company:
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1. An individual who has had more than 3 moving violations, as defined in s.
16343.01 (2) (cg), in the past 3 years, or one conviction in the past 3 years for an offense
17listed under s. 351.02 (1) (a).
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2. An individual who, in the last 7 years, committed an offense that resulted
19in a suspension, revocation, or other conviction counted under s. 343.307 (1) or was
20convicted of a sex offense, as defined in s. 301.45 (1d) (b), or of any crime involving
21fraud, theft, damage to property, violence, acts of terror, or the use of a motor vehicle
22in the commission of a felony.
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3. An individual whose information is contained in the sex offender registry
24under s. 301.45 or on the National Sex Offender Public Website.
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4. An individual who does not possess a valid driver's license.
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15. An individual who does not possess proof of motor vehicle registration for
2each vehicle owned by the individual that the individual will use as a taxicab as a
3driver for the licensed company.
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6. An individual who does not possess proof of automobile liability insurance
5for each vehicle owned by the individual that the individual will use as a taxicab as
6a driver for the licensed company.
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7. An individual who is not at least 18 years of age.
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(b) A driver who is convicted of any moving violation or of any felony or
9misdemeanor anywhere shall immediately notify the licensed company for which the
10driver operates a taxicab of the conviction, except that if the driver is a licensed
11company, the driver shall immediately notify the department.
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12(3) Vehicle safety and emissions. Each licensed company shall ensure that
13each motor vehicle a driver uses as a taxicab for the licensed company is a vehicle that
14satisfies all state vehicle safety and emissions standards for private motor vehicles.
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15474.147 Taxicabs; requirements and prohibitions. (1) Each vehicle used
16by a licensed company as a taxicab shall satisfy all of the following requirements:
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(a) The vehicle must be marked as a taxicab by posting the word “taxi” or
18“taxicab” on each side of the vehicle. Evidence supplied by the department that the
19vehicle is affiliated with a licensed company and legal to operate shall be posted on
20the vehicle as directed by the department.
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(b) The vehicle must be marked with the name of the licensed company with
22which the vehicle is affiliated.
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23(2) No individual may operate a motor vehicle as a taxicab in this state unless
24the taxicab is affiliated with a licensed company.
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1(3) (a) The owner of a vehicle used as a taxicab is subject to s. 344.62, must have
2proof of financial responsibility, as defined in s. 344.01 (2) (d), and must maintain a
3motor vehicle liability policy that meets the minimum requirements specified under
4s. 632.32 (4) (a) and (4m) (e). The owner of the vehicle is solely responsible for
5obtaining a motor vehicle liability policy.
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(b) A taxicab dispatch service with which an independent owner-operator of
7a taxicab is affiliated may not be held liable for damages caused by the owner or
8driver of the taxicab.
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9474.15 Nondiscrimination; accessibility. (1) Each licensed company shall
10adopt a policy of nondiscrimination on the basis of trip origin or destination, race,
11color, national origin, religious belief or affiliation, sex, disability, age, sexual
12orientation, or gender identity with respect to passengers and prospective
13passengers and notify all of its drivers of the nondiscrimination policy.
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14(2) A driver may not discriminate against any passenger or prospective
15passenger on the basis of trip origin or destination, race, color, national origin,
16religious belief or affiliation, sex, disability, age, sexual orientation, or gender
17identity.
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18(3) Each driver shall permit service animals to accompany passengers when
19riding in the taxicab operated by the driver.
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20(4) A licensed company may not impose additional charges for providing rides
21to persons with disabilities because of those disabilities.
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22(5) Each licensed company shall provide each prospective passenger an
23opportunity to indicate whether the passenger requires a wheelchair-accessible
24vehicle. If a licensed company cannot arrange a wheelchair-accessible taxicab for
25a prospective passenger who requires wheelchair-accessible services, the licensed
1company shall refer the prospective passenger to an alternate provider of
2wheelchair-accessible transportation, if available.
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3474.165 Limitations on local and other regulation. (1) No city, village,
4town, or county may enact or enforce an ordinance or adopt or enforce a resolution
5that regulates a taxicab company or taxicab dispatch service or its drivers in
6connection with taxicab services.
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7(2) Notwithstanding sub. (1), a city, village, town, or county may do any of the
8following:
SB759,15,139(a) To the extent necessary to comply with assurances under
49 USC 47107,
10impose fees or charges under s. 114.14 (1) for the use of an airport by taxicab drivers.
11Any such fees or charges shall be imposed on taxicab companies or taxicab dispatch
12services and may not exceed fees or charges imposed under s. 114.14 (1) for the use
13of an airport by limousines, shuttles, or other for-hire vehicles.
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(b) Require a taxicab company or taxicab dispatch service to comply with a
15permit developed by an airport and issued to the taxicab company or taxicab dispatch
16service regarding the manner of operation on airport property by its drivers. A single
17permit under this paragraph shall be issued to each taxicab company or taxicab
18dispatch service and shall apply to all of its drivers.
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19474.19 Disciplinary proceedings and actions. (1) Investigations and
20hearings. Subject to the rules promulgated under s. 440.03 (1), the department may
21conduct investigations and hold hearings to determine whether a violation of this
22subchapter or any rule promulgated under this subchapter or a violation of any other
23law that substantially relates to the operation of a taxicab company or taxicab
24dispatch service has occurred.
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1(2) Discipline. Subject to the rules promulgated under s. 440.03 (1), the
2department may reprimand a licensed company or deny, limit, suspend, or revoke a
3license granted under s. 474.115 if the department finds that an applicant for
4licensure or a licensed company has done any of the following:
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(a) Intentionally made a material misstatement in an application for a license
6or license renewal.
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(b) Advertised in a manner that is false or misleading.
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(c) Obtained or attempted to obtain compensation through fraud or deceit.
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(d) Violated this subchapter or any rule promulgated under this subchapter or
10violated any other law that substantially relates to the operation of a taxicab
11company or taxicab dispatch service.
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(e) Failed to cooperate with the department, or failed to timely respond to a
13request for information by the department, in connection with an investigation
14under this section.
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15(2m) Denial or revocation. Subject to the rules promulgated under s. 440.03
16(1), the department shall deny or revoke a license granted under s. 474.115 to an
17individual who is a driver for a licensed company that is a taxicab company if the
18department finds that anything specified in s. 474.145 (2) (a) applies to the
19individual.
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20(3) Forfeitures. In addition to or in lieu of a reprimand or other action under
21sub. (2), the department may assess against a licensed company, for the violations
22enumerated under sub. (2), a forfeiture of not more than $1,000 for each separate
23offense.
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24474.195 Penalties. Any person who violates this subchapter or any rule
25promulgated under this subchapter may be fined not more than $1,000.
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1Section
30
.
Nonstatutory provisions.
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(1)
Emergency rules. The department of safety and professional services may
3promulgate emergency rules under section 227.24 of the statutes implementing
4subchapter I of chapter 474 of the statutes. Notwithstanding section 227.24 (1) (c)
5and (2) of the statutes, emergency rules promulgated under this subsection remain
6in effect until June 30, 2020, or the date on which permanent rules take effect,
7whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes,
8the department is not required to provide evidence that promulgating a rule under
9this subsection as an emergency rule is necessary for the preservation of the public
10peace, health, safety, or welfare and is not required to provide a finding of emergency
11for a rule promulgated under this subsection.
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12Section
31.
Effective dates. This act takes effect on the first day of the 3rd
13month beginning after publication, except as follows:
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(1)
Section 30 (1
) of this act takes effect on the day after publication.